Monday, October 16, 2017

Rajesh and Nupur Talwar: India; (Aftermath 13): The entire 273-page High Court decision vindicating the Talwars ...word for word. (Thanks to the Hindustan Times for making the document available).


PUBLISHER'S NOTE: News of the Talwar's vindication has traveled around the Globe triggering a large amount of  commentary and editorial comment - including some of my own. I therefore - as is the custom of this Blog whenever possible - am enclosing a link to the actual judgment, so that readers  can peruse the decision with their own eyes and make up their own minds  independently. So, dear readers,  here is the High Court's decision:

http://www.hindustantimes.com/static/ht2017/10/AARUSHIHIGHCOURT293.pdf

Harold Levy: Publisher; The Charles Smith Blog.

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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

Rajesh and Nupur Talwar: India: Aftermath (12): Fascinating revelation: India Express reports that on November 29, 2013, Satyaketu Singh, one of the Talwar's defence lawyers had served a contempt notice on trial judge Shyam Lal Yadav, whose conduct of the trial was severely criticized by the High Court early this week in a decision vindicating the Talwars..."The contempt notice — served on November 29, 2013 — stated that “when I studied the judgement, I found that the arguments and evidences submitted by me during the trial were ignored to deliver the prejudiced and illegal judgement… so this act of yours comes under the category of contempt of court”. Singh said he had reconstructed the act of hitting by golf stick inside the court — a charge against the Talwars — that showed that it was not possible to hit with a golf stick inside the room. “I further argued that the nature of injury on Aarushi’s head was not similar to that of a golf stick-created injury. I further raised questions on (the charge of) carrying Hemraj’s body to the rooftop and reconstructed the scene, but it could not be possible during reconstruction. But you deliberately ignored (all),” the petition read. “I further submitted the ruling of the High Court that related to four cases, but you ignored with prejudiced notion. You ignored all my arguments which the High Court has considered as ‘substantial evidence’ to make them free from guilt. So, these acts of yours not only ignorants (sic) but prejudiced hence comes under corrupt practice. “So, before proceeding for a criminal proceeding against you, I, through this notice, give a week’s time to tender public apology and regret the act sincerely,” the contempt petition stated."erved a contempt notice o Aarushi-Hemraj murder case: Talwars’ lawyer had filed contempt plea against CBI court judge Talwars' lawyer Satyaketu Singh who contested their case in the Ghaziabad CBI court, said the judge had rejected all their pleas to look into various crucial evidences submitted on behalf of the accused couple, to deliver his "prejudiced judgement" before his retirement.


STORY: "Aarushi-Hemraj murder case: Talwars’ lawyer had filed contempt plea against CBI court judge," published by The India Express on 16 October, 2017.
GIST: "The trial court judge holding the trial against Rajesh and Nupur Talwar — charged with killing their daughter Aarushi and domestic servant Hemraj — was biased against the defendants, so their lawyer Satyaketu Singh had filed a contempt petition against him for a “prejudiced judgement”, said Singh on Monday. Singh, who contested Talwars’ case in the Ghaziabad CBI court, said the judge had rejected all their pleas to look into various crucial evidences submitted on behalf of the accused couple, to deliver his “prejudiced judgement” before his retirement. “Therefore, I served a contempt notice on him after he pronounced the judgement,” the lawyer said. “I had even advised the Talwars to file a transfer application before the High Court (given the bias of the judge), but their Delhi-based lawyers had opposed the idea and apprehended that this would draw the wrath of the judge,” added Singh. “Then I served a contempt notice on trial judge Shyam Lal Yadav after pronouncement of judgement, whom he refused to accept the notice, so it returned undelivered,” he said. The contempt notice — served on November 29, 2013 — stated that “when I studied the judgement, I found that the arguments and evidences submitted by me during the trial were ignored to deliver the prejudiced and illegal judgement… so this act of yours comes under the category of contempt of court”. Singh said he had reconstructed the act of hitting by golf stick inside the court — a charge against the Talwars — that showed that it was not possible to hit with a golf stick inside the room. “I further argued that the nature of injury on Aarushi’s head was not similar to that of a golf stick-created injury. I further raised questions on (the charge of) carrying Hemraj’s body to the rooftop and reconstructed the scene, but it could not be possible during reconstruction. But you deliberately ignored (all),” the petition read. “I further submitted the ruling of the High Court that related to four cases, but you ignored with prejudiced notion. You ignored all my arguments which the High Court has considered as ‘substantial evidence’ to make them free from guilt. So, these acts of yours not only ignorants (sic) but prejudiced hence comes under corrupt practice. “So, before proceeding for a criminal proceeding against you, I, through this notice, give a week’s time to tender public apology and regret the act sincerely,” the contempt petition stated."

The entire story can be found at:

http://indianexpress.com/article/india/aarushi-hemraj-murder-case-talwars-lawyer-had-filed-contempt-plea-against-cbi-court-judge/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

Rajesh and Nupur Talwar: India: (Aftermath 11): Free at last: NDTV reports: "Aarushi Murder Case: Freed After 4 Years, Talwars Go To Noida Home, Not Their Own; The Talwars' release was delayed because a copy of that verdict had not been delivered to the jail last week. not been delivered to the jail last week. The Talwars have asked for police protection, citing an earlier attack on Rajesh Talwar at the Ghaziabad court."..." Watched by a huge crowd, the Talwars, each holding bags, walked out of the Dasna prison in Ghaziabad and paused - Rajesh Talwar in a white shirt and dark trousers and Nupur Talwar in a salwar kurta - letting multiple cameras capture their first few moments of freedom. The Allahabad High Court had on Thursday cancelled the life sentence handed out to the Talwars by a lower court that had convicted them based on circumstantial evidence. The couple will stop at a Sai temple and a Gurudwara in Noida before going to Nupur Talwar's parents' home in Jal Vayu Vihar, where they will be staying for now."


https://www.ndtv.com/india-news/aarushi-murder-case-nupur-and-rajesh-talwar-walk-out-after-4-years-in-jail-1763609

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

Mark Lundy: New Zealand: Appeal set to begin tomorrow: Tuesday October 17, 2017 for the man, twice convicted of murdering his wife and daughter, who still maintains his innocence. Complex scientific (DNA) evidence as well as alibi evidence anticipated, Scoop reports in a thorough backgrounder..."Some parts of the case were presented differently between the first and second trials, with the Crown's introduction of messenger RNA evidence one of the most controversial differences. RNA stands for ribonucleic acid and it is similar to DNA. Did it indicate there was human brain or spinal-cord tissue on Lundy's shirt? Lundy's legal team failed in both the Court of Appeal and Supreme Court to have it thrown out before the retrial. That evidence will once again be challenged, according to Lundy's notice of appeal. "It was crucial and central to the Crown case, and remains in real scientific dispute," the notice says. "It is inappropriate and unrealistic to expect a jury to determine such complex issues of scientific dispute."


STORY: "Mark Lundy's long battle to get out of prison continues," by reporter John Galuszka, published by Stuff on October 16, 2017. (Chronology provided);

GIST: "Mark Lundy, twice convicted of murdering his wife and daughter, maintains his innocence

Everyone who sat through Mark Lundy's retrial will have different opinions on his guilt or innocence – if he killed his wife Christine and 7-year-old daughter Amber in their Palmerston North home on the night of August 30, 2000. But it is safe to say they will agree on one thing – the scientific evidence was extremely complicated. Lundy was found guilty of the murders in 2002, but the Privy Council quashed the verdicts in 2013 and ordered a retrial, which took place in 2015. He was again found guilty and sent back to prison to continue serving his life sentence with a minimum term of 20 years.  His case is once again before the Court of Appeal this week, starting on Tuesday. Some parts of the case were presented differently between the first and second trials, with the Crown's introduction of messenger RNA evidence one of the most controversial differences. RNA stands for ribonucleic acid and it is similar to DNA. Did it indicate there was human brain or spinal-cord tissue on Lundy's shirt? Lundy's legal team failed in both the Court of Appeal and Supreme Court to have it thrown out before the retrial. That evidence will once again be challenged, according to Lundy's notice of appeal. "It was crucial and central to the Crown case, and remains in real scientific dispute," the notice says. "It is inappropriate and unrealistic to expect a jury to determine such complex issues of scientific dispute." There was never dispute that one of Lundy's shirts had stains containing central nervous system tissue. The stains also contained DNA from the victims. The DNA being there is not surprising, considering the trio lived together. The tissue was the issue. The Crown said it was probably human tissue from Lundy's wife. Crown prosecutor Philip Morgan, QC, in his closing address at the retrial, let the jury know how bad that looked. "No man should have his wife's brain on his shirt." The defence, however, said the tissue could have come from a piece of offal in a pie or a neck chop Lundy may have cooked. No-one at the trial gave evidence about Lundy eating neck chops. There was a pie wrapper in his car door console, but no pie maker in the witness stand saying exactly what goes into a pie. The Crown called on Dutch scientist Dr Laetitia Sijen​ to conduct RNA testing on the pieces of shirt  that had been preserved, in an effort to strengthen the case against Lundy. David Hislop, QC, who represented Mark Lundy at his 2015 retrial, proposed three "impossibilities" when saying Lundy did not commit the murders. While DNA can tell you who a piece of body tissue comes from, it cannot say what it is. But RNA works the other way around, making it possible to say if tissue came from a leg, an eye or a brain. Sijen did not find any tissue on one shirt stain, but seven out of 12 tests on a shirt sleeve stain came back positive for human central nervous system tissue. That made it 58 per cent probable the tissue was from a human brain or spinal cord, she said. But a different expert, Professor Stephen Bustin, said Sijen's testing was flawed. Control samples did not bring back the expected results, some processes were highly variable and the RNA material was likely unstable, he said. However, he could not say anything about Sijen's results with absolute certainty, only going as far as being "very reluctant" to accept the results due to "fundamental flaws" in the testing. That still left Lundy with the undisputed evidence – the shirt stains contain central nervous system tissue and  the victims' DNA. But none of that matters if it was impossible for Lundy to commit the murders because he wasn't there. He was staying at a Petone motel the night of the murders. Cellphone polling data had his phone being used in Petone at 5.30pm and 8.28pm. A computer at home was turned off at 10.52pm. He saw a prostitute in his motel room at midnight. The next confirmed sighting of him was by the motel manager at 7am when he asked for batteries for his electric shaver. At the first trial, the Crown claimed he left Petone at 5.30pm, committed the murders at 7pm, messed with the computer to show a later shutdown time, staged a home invasion and got back to Petone by 8.28pm – all through rush-hour traffic. The Crown produced a more plausible theory at the second trial – that Lundy committed the murders between seeing the prostitute and motel manager. Lundy's retrial lawyer David Hislop, QC, said in his closing address there were three things showing it was impossible for Lundy to commit the murders: His car could not hold enough petrol; the victims' stomachs were full when killed, but should have been empty; and a neighbour said a sliding door on Lundy's house was open at 11pm. Lundy's appeal notice states issues around the petrol will be challenged. The petrol consumption evidence at the retrial was problematic. His car, a 1998 Ford Fairmont EL, only held 68 litres, but police tests found he needed 75.95 litres of fuel. But the testing was carried out on the basis of the first-trial timing, which would have wasted much more petrol through high-speed driving. Another issue was no-one tested the exact model Lundy drove in time for the retrial. The next best on offer was a Ford Fairmont Ghia EL, which had a weaker engine than the straight Fairmont EL. The best figures any lawyer could offer were mileage estimates taken from a website. The sliding-door impossibility theorises the  murderer was inside by 11pm, before Lundy had seen the prostitute, while the final impossibility relates to digestion. The first trial's version of events was largely based on pathologist Dr James Pang's estimate the victims died an hour after eating. A visit to McDonald's by Christine and Amber at 5.45pm  would result in a time of death about 7pm. But that was abandoned at the retrial, after the Privy Council tore Pang's estimate to shreds. The victims still had food in their stomachs, which Hislop said should not have been there if they had eaten at 6pm and were killed between 1am and 5am."

The entire story can be found at the link below: 
https://i.stuff.co.nz/national/crime/97739190/mark-lundys-long-battle-to-clear-his-name-continues

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

Sunday, October 15, 2017

Randox Testing Services Scandal: (Manchester): U.K. Forensics scandal in centre of storm reported by Daily Mail to have hit 10,000 cases... Paper alleges rogue scientists may have tampered with blood tests in suspect cases including murder and rape, experts re-examine blood tests that may have been doctored at Randox Testing Services in Manchester, full extent of scandal is far greater than 484 cases claimed by police in February, it could take up to five years for all of the falsified data to be sifted through."..." It can also be revealed today that Greater Manchester Police have interviewed a further five suspects in the case, in addition to the two Randox employees who were arrested earlier this year. An insider told this newspaper last night: ‘Of the 10,000 cases being looked at, 7,500 are drug-driving and will all be retested in 21 months. But the rest include crimes such as murder and rape which will take five years to retest as there are only 12 experts qualified nationally. It could mean that people are locked up unfairly.’ The scandal centres around the Manchester laboratory of Randox Testing Services, where scientists analysed samples of blood for traces of drugs on behalf of police forces across the country, as well as for family courts that decide adoption and custody cases. In January this year, Randox, part of a health giant based in Northern Ireland, spotted what it said was an anomaly in some of the results and called in police. It was suspected that disaffected workers had been falsifying critically important quality control data that verified the accuracy of the test results, rather than doctoring the samples themselves. The doctored test results might then make innocent people look like they had drugs in their system, potentially leading to them being wrongly convicted of serious crimes. Others may have unfairly lost their driving licences or even had children taken from them. Alternatively, guilty people may have walked free. Two Randox employees were questioned on suspicion of perverting the course of justice and still remain under investigation, while the company was stripped of its Home Office accreditation to carry out tests for police. At first, police chiefs said that only 484 positive tests had to be reviewed to see if the results should have been clean, but in May they admitted that 6,000 cases were being looked at again, and they could include cases of rape or murder. The investigation stretches back several years to also cover work carried out by the suspects before they joined Randox. Now, the number of positive samples being retested stands at more than 10,000, watchdog Dr Gillian Tully told experts at a recent meeting."


STORY: "Forensics scandal now hits 10,000 cases," by reporter Martin Beckford, published by The Mail on October 14, 2107.

SUB-HEADING: "Forensics scandal now hits TEN THOUSAND cases: Rogue scientists may have tampered with blood tests in suspect cases including murder and rape;  Experts re-examine blood tests that may have been doctored at Randox Testing Services in Manchester;  Full extent of scandal is far greater than 484 cases claimed by police in February;  It could take up to five years for all of the falsified data to be sifted through."

GIST: "Rogue scientists may have tampered with forensic evidence in more than 10,000 cases – raising fears that innocent people could languish in jail for up to another five years after being falsely convicted for serious crimes, including rape and murder. Experts are now painstakingly going back over the vast number of blood tests that it is feared have been doctored by employees at Randox Testing Services. The full extent of the scandal is vastly greater than the 484 cases originally claimed by police in February when The Mail on Sunday exclusively revealed how evidence had been manipulated.  Up to a quarter of the affected samples were used in trials for serious crimes such as rape and murder. Experts are going back over the vast number of blood tests it is feared have been doctored by employees at Randox Testing Services. Police investigations, trials and inquests, including the investigation into the death of former Premier League footballer Dalian Atkinson (above, forensics officers at the scene), have been delayed because critical evidence provided by Randox cannot be relied upon.  Because there are only a dozen experts in the country who are qualified to check the blood samples, it could take up to five years for all of the falsified data to be sifted through and for miscarriages of justice to be rectified by the courts. Already, important police investigations, trials and inquests, including the investigation into the death of former Premier League footballer Dalian Atkinson, have been delayed because critical evidence provided by Randox cannot be relied upon. Three policemen face an anxious wait to find out if they face criminal charges over the death of a former Premier League footballer, as a result of the Randox scandal. The West Mercia Police officers shot Dalian Atkinson with Taser stun guns outside his father’s home in Telford, Shropshire, in August 2016.  They have been interviewed under caution but the Independent Police Complaints Commission cannot yet decide whether to send a file to the Crown Prosecution Service because a toxicology report on Atkinson is still being worked on.  The original tests were done by Randox Testing Services and so cannot be relied upon. A pre-inquest review in September was told the retesting of toxicology samples taken from the former Aston Villa star would not be complete until this month. Avon & Somerset Police, which is organising the retesting, has been told the case is ‘urgent’. After the new results are obtained, a final post-mortem can be produced and the IPCC can then decide whether to send a file to the CPS for a charging decision to be made. It can also be revealed today that Greater Manchester Police have interviewed a further five suspects in the case, in addition to the two Randox employees who were arrested earlier this year. An insider told this newspaper last night: ‘Of the 10,000 cases being looked at, 7,500 are drug-driving and will all be retested in 21 months.  But the rest include crimes such as murder and rape which will take five years to retest as there are only 12 experts qualified nationally. It could mean that people are locked up unfairly.’ The scandal centres around the Manchester laboratory of Randox Testing Services, where scientists analysed samples of blood for traces of drugs on behalf of police forces across the country, as well as for family courts that decide adoption and custody cases. In January this year, Randox, part of a health giant based in Northern Ireland, spotted what it said was an anomaly in some of the results and called in police. It was suspected that disaffected workers had been falsifying critically important quality control data that verified the accuracy of the test results, rather than doctoring the samples themselves. The doctored test results might then make innocent people look like they had drugs in their system, potentially leading to them being wrongly convicted of serious crimes.  Others may have unfairly lost their driving licences or even had children taken from them. Alternatively, guilty people may have walked free. Two Randox employees were questioned on suspicion of perverting the course of justice and still remain under investigation, while the company was stripped of its Home Office accreditation to carry out tests for police. At first, police chiefs said that only 484 positive tests had to be reviewed to see if the results should have been clean, but in May they admitted that 6,000 cases were being looked at again, and they could include cases of rape or murder. The investigation stretches back several years to also cover work carried out by the suspects before they joined Randox. Now, the number of positive samples being retested stands at more than 10,000, watchdog Dr Gillian Tully told experts at a recent meeting.  She said: ‘Prioritisation was being given to those relating to live cases or where the individual in question was currently serving a custodial sentence. In addition, negative samples would also have to be retested.’ The watchdog added in an industry newsletter last month: ‘The most substantial impact thus far has been that all forensic toxicology testing undertaken by them during the affected period must be considered to be unreliable.’...Anita Stevenson went missing from her home in Birkenhead a year ago and her remains were found in woodland weeks later. Relatives of a tragic mother had to wait months to find out how she died while blood tests carried out by Randox were double-checked. Anita Stevenson went missing from her home in Birkenhead a year ago and her remains were found in woodland weeks later. Blood tests carried out by Randox Testing Services suggested she had died of a cocaine overdose but they had to be redone by another company after suspicions emerged in January that many of the toxicology results produced by the firm had been manipulated.  The inquest into the 39-year-old’s death had been due to take place in June but was put back until last week. Area coroner Anita Bhardwaj told a hearing in June that ‘an issue’ had arisen over the tests, explaining: ‘The samples will be retested across the board by a different company so there’s no doubt it’s been carried out appropriately.’ Dr Mark Piper, head of toxicology at RTS, said at the time of the adjourned hearing: ‘We regret the concerns that these developments will inevitably cause.’ Dr Tully also raised the possibility that the problem may spread wider than just Randox. She said: ‘The organisation concerned held accreditation to the appropriate quality standard, but the malpractice was not discovered by the usual quality checks.  'This raises a number of questions, including: a, whether or not malpractice is more widespread than at one organisation; and b, whether or not the quality standards need to be strengthened.’ But she went on: ‘No reasonable set of quality standards could guarantee to prevent determined malpractice by skilled but corrupt personnel and the inevitable cost of adding additional safeguards should be balanced against risk.’ Randox said last night it is paying for the retesting to be carried out in independent labs...Paul Green is alleged to have been racing in his car against motorcyclist Aiden Davies (above), who collided with a lamp-post in Runcorn in August 2015. A motorist's trial over a fatal crash was postponed at the last minute because of the huge backlog of Randox blood tests that must be double-checked. Jurors had been sworn in at Chester Crown Court in June to hear the case against Paul Green, who is accused of causing death by dangerous driving.  He is alleged to have been racing in his car against motorcyclist Aiden Davies, who collided with a lamp-post in Runcorn in August 2015. But just before the trial date, it emerged that Randox Testing Services had carried out the key analysis of the deceased’s blood to see if he had been drinking. The sample had come back clean, contradicting the defendant’s claim that he had seen Mr Davies drink alcohol before getting on his motorbike. An ‘urgent’ fresh test was ordered but the court heard that the lab in question had 1,000 other samples to get through. As a result, the case – due to last four days – has now been put back until February. A spokesman said: ‘When RTS identified that data manipulation was being carried out, it immediately alerted the relevant authorities. RTS continues to assist the police, Forensic Service Regulator and Home Office in the investigation, which now dates beyond RTS. ‘It is currently managing the process of retesting samples at appropriately accredited laboratories, as well as covering the associated costs.’ The National Police Chiefs Council, which is monitoring the effect of the scandal across the criminal justice system, said: ‘We are continuing to work with Forensic Services Regulator, Crown Prosecution Service and the Home Office to identify, and prioritise for retesting, forensic samples that may have been affected by data manipulation by two individuals who worked for RTS. We will be able to provide a full and accurate update to the public in the coming weeks.’ Greater Manchester Police confirmed its investigation has widened to include five new suspects. A spokesman said: ‘We are conducting a criminal investigation into forensic results issued by Randox Testing Services.  'Our investigation concerns the manipulation of quality control data around sample analysis. We do not have any information or evidence to suggest that samples themselves have been directly tampered with. ‘Randox Testing Services have provided forensic services to police forces, including GMP, for the past two years. ‘The organisation is being fully co-operative of the investigation, and brought the issue to GMP’s attention in the first instance.
‘Two men – a 47-year-old and a 31-year-old – have been arrested on suspicion of perverting the course of justice and released on bail until November pending further enquiries.  'The men were not arrested on site. Five further people – two women and three men – have been interviewed under caution in connection with the investigation.’ A spokesman for the Crown Prosecution Service said: ‘We continue to work with the Home Office, police and the Office of the Forensic Science Regulator to assess the impact of issues relating to Randox Testing Services. ‘As there is an ongoing police investigation into these issues, it would be inappropriate for us to comment in detail. ‘Our priority is to establish the impact of these issues on both completed and ongoing cases, in order to ensure that appropriate action is taken.’ Business had been booming at Randox Testing Services as a result of a Government crackdown on drug-driving. Scientists at its Manchester laboratory worked with the Home Office to develop sophisticated blood and urine tests needed to establish if motorists had been taking illegal substances such as cocaine and cannabis. A new law, introduced in March 2015, meant anyone who tested positive for one of 16 specified drugs could be prosecuted rather than police having to prove they were unfit to drive. Randox Testing Services (its Manchester lab, above) dismissed one employee and suspended another, and both were arrested at home and questioned on suspicion of perverting the course of justice RTS, part of Northern Ireland-based health giant Randox, was contracted by police forces to analyse samples taken from suspects by officers. Thousands of the tests were sent to the firm’s lab at the Hexagon Tower in Blackley. But in January this year, RTS began an internal investigation when bosses suspected a ‘rogue operator’ had been manipulating quality control data needed to double-check a test result. RTS dismissed one employee and suspended another, and both were arrested at home and questioned on suspicion of perverting the course of justice. All suspect tests had to be re-checked and RTS was stripped of its Home Office accreditation while investigations were carried out by the forensics watchdog as well as police. The criminal investigation has now widened to include five other people recently questioned under caution.
However, no one has yet worked out what the possible motivation could be. RTS described the events as ‘bizarre’ and said that it ‘truly regrets the fact a rogue operator or operators existed in RTS Manchester’."

The entire story can be found at:
http://www.dailymail.co.uk/news/article-4980962/Forensics-scandal-hits-10-000-cases.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

Rajesh and Nupur Talwar: (Aftermath 10); Author Avirook Sen gets to the heart of the matter with a beautifully crafted, insightful commentary published by The Times of India headed: 'So who murdered Aarushi Talwar? Just turn to page 227.'...' "You've seen the headlines and heard the talking heads already: 'No one killed Aarushi'; 'If the Talwars didn't do it, who did?' and the philosophical, 'We are no closer to the truth'. Well, here is some news: we are closer than you think. And it's there in Thursday's Allahabad High Court judgment. Just turn to page 227 and begin reading — and do turn the television down. This is the story of how the most crucial piece of evidence in the Aarushi-Hemraj murders was tampered with by the CBI. Had the agency not done this, and then covered it up, the Talwars would never even have had to go to trial. What makes it worse is that this wasn't some kind of circumstance, or testimony, it was a piece of physical evidence, forensically examined. The article in question is a purple-coloured pillow cover. It belonged to Krishna, the Talwars' compounder, who was also Hemraj's friend. It was seized by the CBI in the second week of June 2008 from Krishna's room and appeared to have suspicious blood spots on it.'...' So how did Hemraj's blood travel to Krishna's room? That is the question the CBI needed to answer. But it was an inconvenient truth. The agency had no physical evidence linking the Talwars to the murders, just a perverse fantasy they were struggling to support. All the while they had been sitting on forensic proof that Krishna may have been involved. The forensic report came in November 2008, but the CBI realised only after it was well invested in proving the Talwars' guilt that it contained this information. In fact, it was Dinesh Talwar, Rajesh's brother, who made the discovery while scouring the CBI's documents late one night in Allahabad in early 2011. In a line, the report pointed to two things: the Talwars' innocence and someone else's involvement. It was the answer to the question that has dogged the Talwars for nearly a decade: 'If you didn't do it, who did?'..."The prosecution has further failed to come up with any explanation to prove that no tampering with the most material exhibits of the case had taken place.' It was not the burden of this court to tell us who killed Aarushi and Hemraj. But in exposing the CBI's lie it has pointed us to who it might have been.' (Read on! HL0;


COMMENTARY: "So who murdered Aarushi Talwar? Just turn to page 227," by Avirook Sen, published by The  Times of India on October 15, 2017. (Avirook Sen is the author of 'Aarushi');

GIST:   "You've seen the headlines and heard the talking heads already: 'No one killed Aarushi'; 'If the Talwars didn't do it, who did?' and the philosophical, 'We are no closer to the truth'. Well, here is some news: we are closer than you think. And it's there in Thursday's Allahabad High Court judgment. Just turn to page 227 and begin reading — and do turn the television down. This is the story of how the most crucial piece of evidence in the Aarushi-Hemraj murders was tampered with by the CBI. Had the agency not done this, and then covered it up, the Talwars would never even have had to go to trial. What makes it worse is that this wasn't some kind of circumstance, or testimony, it was a piece of physical evidence, forensically examined. The article in question is a purple-coloured pillow cover. It belonged to Krishna, the Talwars' compounder, who was also Hemraj's friend. It was seized by the CBI in the second week of June 2008 from Krishna's room and appeared to have suspicious blood spots on it. When it was examined by the good scientists at Hyderabad's CDFD laboratory, they confirmed that the blood belonged to Hemraj. Let's pause here. Hemraj lived in L-32 Jalvayu Vihar, the Talwars' flat. Krishna, in the servants' quarters at L-14 in the same complex. So how did Hemraj's blood travel to Krishna's room? That is the question the CBI needed to answer. But it was an inconvenient truth. The agency had no physical evidence linking the Talwars to the murders, just a perverse fantasy they were struggling to support. All the while they had been sitting on forensic proof that Krishna may have been involved. The forensic report came in November 2008, but the CBI realised only after it was well invested in proving the Talwars' guilt that it contained this information. In fact, it was Dinesh Talwar, Rajesh's brother, who made the discovery while scouring the CBI's documents late one night in Allahabad in early 2011. In a line, the report pointed to two things: the Talwars' innocence and someone else's involvement. It was the answer to the question that has dogged the Talwars for nearly a decade: 'If you didn't do it, who did?' Led by the late AGL Kaul, the case's investigating officer, the CBI then embarked upon what can only be termed as a criminal journey. In collusion with the CDFD, it invented a reason for the presence of Hemraj's blood on Krishna's pillow cover: it wasn't there in the first place, said the CBI. A typographical error led to the confusion. Thereafter, there was a flurry of activity. Kaul's team ripped open the CDFD seals, took out the exhibits, and photographed them, placing handwritten false exhibit numbers in the frame. Kaul then wrote a letter to the CDFD saying there "appeared to be a typographical error" in its report. He helpfully told them exactly where the error was. He also flew down to Hyderabad. The lab wrote back promptly: yes indeed, there was a typo, as Kaul had pointed out. The division bench of the Allahabad High court dissects and exposes this elaborate lie. Surgically. Relying on the CBI's own witnesses, CDFD scientist SPR Prasad and investigating officer AGL Kaul, the court says the following: *'We have very carefully scanned the evidence of SPR Prasad and AGL Kaul but there is nothing in their evidence which may show as to how the error had crept in, when and how the error took place.' *'Moreover the discovery of the alleged typographical error... by AGL Kaul more than three years after its submission and issuance of clarificatory letter of the CDFD Hyderabad, thereafter on 24.3.2011 promptly, pursuant to the letter dated 17.3.2011 given by the investigating agency to CDFD Hyderabad which in itself was clearly "suggestive" in nature as it was virtually suggested by the said letter of the Investigating Officer that there was a typographical error. [The letter] appears to be manipulated. It is very strange that although AGL Kaul has testified that when he took over the investigation of the case he had noticed that error in the most controversial exhibits...he took no steps or sought any rectification.' *'...experts sat down together and prepared the final report and as such there was no possibility of any error...having crept in.' 'The prosecution has further failed to come up with any explanation to prove that no tampering with the most material exhibits of the case had taken place.' It was not the burden of this court to tell us who killed Aarushi and Hemraj. But in exposing the CBI's lie it has pointed us to who it might have been. The three suspects who the agency didn't pursue after initial attempts are on the loose. Krishna's family is in Nepal, but he may well be employed in India. Rajkumar, last I found out, runs a beauty parlour in Kathmandu. Vijay Mandal's whereabouts are uncertain."
The entire commentary can be found at:
https://timesofindia.indiatimes.com/home/sunday-times/all-that-matters/so-who-murdered-aarushi-talwar-just-turn-to-page-227/articleshow/61084614.cms

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.

Rajesh and Nupur Talwar: (Aftermath 9): Extraordinary Revelations: Author Avirook Sen's disturbing account of the Judge (Shyam Lal) , eviscerated by the High court on the recent appeal, who convicted the couple of murder and sentenced them to life imprisonment..."Aarushi Talwar case: The commentary, published by Firstpost, is headed: "How the Ghaziabad trial court judge 'Saza Lal' wronged the Talwars."...The extraordinary revelation. (Decscribing a visit to the judge's home for an interview and finding the judge's lawyer son Ashutosh present: "Ashutosh was a lawyer too, practising in Allahabad. We had a stunning three-way conversation during which two things emerged. The first was that Ashutosh had helped his father write the Aarushi judgement, and second that they had begun work on it even before the Talwars’ lawyers started their final arguments. Shyam Lal told me that it hardly took him ten minutes to write a page. I asked him how long it took him to write the 210 pages of the Aarushi judgement when his son weighed in, saying he’d traveled to Ghaziabad to start writing more than a month before the verdict. It was he, along with his father and a typist that drafted the first few pages. Shyam Lal’s judgement convicts the Talwars in its first few lines by saying that there was no possiblity of outsider entry into the flat."


PUBLISHER'S NOTE: I have seen many bizarre, disturbing things in almost a half century spent in  journalism and the practice of criminal law, but never, ever, have I heard, or believed it was at all possible, that  a judgment in a murder trial could be written  with the help of the the judge's son - and that the judgment convicting the two accused - and that the father/son (Judge Shyam Lal and Ashutosh) team had begun writing the judgment  convicting them even before the accused person's lawyers had made their submissions. The die had been cast. Why conduct a trial?  Pile this on top of the bungled investigation, the staged witnesses,  the  corrupted forensic evidence, and the twisted media coverage, Rajesh and Nupur Talwar  didn't have a chance. A decision by the authorities to appeal the acquittals would be the ultimate obscenity - one obscenity piled upon  so many others.

Harold Levy: Publisher: The Charles Smith Blog.

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COMMENTARY: Aarushi Talwar case: How the Ghaziabad trial court judge 'Saza Lal' wronged the Talwars," by author Avirook Sen, published by Firstpost on October 15, 2017. (Avirook Sen is the author of Aarushi, a celebrated  account of the murder investigation and ensuing trial.)

GIST: "Both before and after Thursday’s hearing in Allahabad, I was asked a ‘reporter-to-reporter’ question by many of my colleagues in the media. It was: Where is Shyam Lal. Shyam Lal is the trial court judge who convicted Rajesh and Nupur Talwar to life imprisonment in 2013, for the murders of their daughter Aarushi and manservant Hemraj. His 200-odd page ruling would, in my opinion, be the lead essay in the ‘Incoherent Fiction’ category in the (yet to be published) ‘Trials of India’ series. If that sounds gratuitous, I would encourage you to read the document. Much of it is incomprehensible, but it seems to speak to you in at least two voices—one perverse, the other aspirational—often simultaneously. My colleagues thought I knew Shyam Lal’s whereabouts because they might have read a section of ‘Aarushi’ devoted to an interview with him and his son. Having retired as a judge less than a week after his verdict, advocate Shyam Lal was setting up practice in the Allahabad High Court when I met him in his home in March 2014. His home was in a middle-class neighbourhood in Allahabad, and I arrived there late evening as the dust from the small bungalows under construction settled. His chamber suggested the beginnings of a new practice—the law journals were still in their plastic covers. On other racks, Fali Nariman, Justice V Krishna Iyer and Chetan Bhagat leaned comfortably against each other. I recall one refrain from the conversation. Shyam Lal kept telling me ‘I have command over both English and Hindi’. And as he told me his resume, his preferred link word was ‘mean-the-while’. I had seen samples of his writing during the trial, well before his judgement came. Here is an excerpt, from a harsh order against the Talwars: “Undaunted by their unsuccess in the Supreme Court, they have now approached the High Court [the Talwars were challenging one of Lal’s orders]. The application has been oppugnated by CBI tooth and nail on the fulcrum of putting unwarranted roadblocks in the surge of an urge for expeditious trial...Procrastination is the thief of time...Sir Francis Bacon in his aphoristic style said ‘hope is a good breakfast, but is bad supper.’ Just in case you did not understand, the judge was telling the Talwars to stop challenging his orders and delaying the trial. Several of my friends in the media understood him clearly. Some of them said: ‘Man, this judge can write.’ (I kid you not.) It is easy to lampoon such a man. But I also wanted to know how he got where he was. He had gotten into judicial service after a couple of failures, despite a masters degree. Over the years, he had developed a reputation for firmness—a conviction judge—that he quite enjoyed. In Ghaziabad, the lawyers called him ‘Saza Lal.’ As he narrated different phases of his career, reeling off the towns he had served in, he told me about his shortest posting. This was in Mohammedabad, Uttar Pradesh, and Lal was there just for a month and a half. I asked why. There was no English medium school there, he said. This was important for his son’s education. He himself had been denied this privilege, so he asked for a transfer. I began to understand Shyam Lal perhaps a little more because of that nugget of information. And I had the chance to meet his son as well. Ashutosh was a lawyer too, practising in Allahabad. We had a stunning three-way conversation during which two things emerged. The first was that Ashutosh had helped his father write the Aarushi judgement, and second that they had begun work on it even before the Talwars’ lawyers started their final arguments. Shyam Lal told me that it hardly took him ten minutes to write a page. I asked him how long it took him to write the 210 pages of the Aarushi judgement when his son weighed in, saying he’d traveled to Ghaziabad to start writing more than a month before the verdict. It was he, along with his father and a typist that drafted the first few pages. Shyam Lal’s judgement convicts the Talwars in its first few lines by saying that there was no possiblity of outsider entry into the flat. I asked them why it took so long. Ashutosh said: ‘Because certain ‘good words’ had to be used.’ Some samples of the good words were Shyam Lal’s various synonyms for penis. Hemraj’s ‘pecker’ was swollen for instance. And his ‘willy’ was turgid. This was how Shyam Lal filled out the fantasy that the CBI had presented to him as evidence. Mean-the-while, he also deliberately ignored critical evidence that pointed to the Talwar’s innocence; and made up some evidence of his own. The wrongs of Ghaziabad have been corrected in Allahabad, where a division bench struck the order down as it set the Talwars free. In some ways, Shyam Lal got as good as he dished out. Justice Mishra, the junior judge on the bench had this to say about him. He began sagely: “Some reflection need be made upon the style and approach of the trial judge.” And then went on: “The learned trial judge has aberrated and by dint of fallacious analogy and reasoning has surprisingly assumed fictional animation of the incident as to what actually took place inside and outside the Flat L 32 Jalvayu Vihar, and in what manner he has tried to give live and colourful description of the incident in question and the whole genesis of the offence was grounded on fact that both the deceased Hemraj and Arushi were seen by Dr. Rajesh Talwar in fla-grante and thereafter like a film Director, the trial Judge has tried to thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened. The learned trial Judge forgot as to what is issue in hand." And went further: "It is apparent that the trial Judge was unmindful of the basic tenets of law and its applicability to the given facts and circumstances of the case and failed to properly appraise facts and evaluate evidence and analyze various circumstances of this case. It can by no means be denied that the trial judge, perhaps out of extra zeal and enthusiasm and on the basis of self-perception adopted partial and parochial approach in giving vent to his own emotional belief and conviction and thus tried to give concrete shape to his own imagination stripped of just evaluation of evidence and facts of this case." Shyam Lal had concluded his verdict with some the harshest things anyone can say to a human being, leave alone a parent. ‘It’s time to say Omega’, he wrote, before describing the Talwars as ‘freaks of nature’ and fiends. We must ‘unfiend’ them now. It’s about time."

The entire commentary: 

https://www.google.ca/amp/www.firstpost.com/india/in-aarushi-talwar-case-allahabad-high-court-has-corrected-wrongs-of-ghaziabad-court-4143989.html/amp

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.